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HomeMy WebLinkAbout467921 3M COMPANY - PURCHASE ORDER - 9120030Fort Collins Date: 01/06/2012 Vendor: 467921 3M COMPANY dba Aearo Technologies LLC 2925 GARY DR PLYMOUTH Indiana 46563 PURCHASE ORDER PO Number Page 9120030 1of2 This number must appear on all invoices, packing slips and labels. Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/05/2012 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 7 Safety Glass Program 1 LOT LS 40,000.00 2012 Blanket PO Terms and Conditions per Services Agreement for City of Fort Collins RFP. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: go] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALOETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-IW502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure ar delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a aaivcr of any right of the damage in Transit, may be returned to you for credit and arc not to be replaced except upon receipt of Tma, purchaser to insist upon strict perfar manse hercofor any of its rights or remedies as to any such goods, regardless homactions from the City of Fort Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral mmdifianum or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS an subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in reapousc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St., Fort Collins, CO 90522, unless acquired tinder federal or state antitrust Imes for such overcharges rclmting to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepnately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orde, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Scller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tame, and conditions annexed hereto or incorporated herein by reference. Any additional or different terra and conditions proposed by seller are objected to and hacby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery, date as noted. Time is ofthe essence. Delivery and performance most he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance c f partial late deliveries, shall operate ns a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a re,u It of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such act, of Gad, act, of civil or military authorities, governmental priorities, Does, strikes Rood, cpidcm ics, wars or riot, provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received to n,lala thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrca to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach ofwarm arty. The Scllcr shall replace, repair at make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller aDer the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperial or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warn are, or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal a wrinar change order. If any such change affects the amount due or the time of performance hcrcunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any Or all portions ofthe goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prolix on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sol ter of any of their obligations as to any good, delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he exurn d within thirty (30) days from the date the change or crminaticn is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goad, sold hereunder shall have ban produced. sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect orcvidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and bold the Purchmer homeless from all costs and damages sulfred by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, anoxic. or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Scllcr warrants full, clear and unrestricted title to the Purchaser for all equipment, mmcri.als, and items banished in performance of this agreement, free and dear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, otrars mad employees ofsnch party. The Seller's cominctual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Door any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and OUR indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsoch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becames noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make ran assignment for the benefit of creditors, appoint n receiver or tmstcc for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The Icfinitions of terms used ar the imeTretation of the agreement and the rights ofall panics hcrcunder shall be construed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perfomt work hereunder. including the services of Scllcrs Represctumivas), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work at Seller's own risk until the vac is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and .acceptance, complete the work at Scllcrs own expense and to the satisfaction ohhe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload, ,lure and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Sella under the order. IR. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation. including occupational disease bandits. to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in caustmar with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability inawmnce with bodily injury and death limits of at least 5300.000 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and iasumnec. Before any of the Sellers or his contraction employees shall do any work upon the pre, nmises nfothers, the Seller shall furnish the Purchaser with a ccnificatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance .shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for tiny and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In case any suit or other pareadings shot) be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its or their offcas, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the property ofthc Purchaser. or said panics in or as a resrdt of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of ,accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereon. Revised 6312010